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Bombay High CourtWP/783/2023disposed off

Sayyad Tousif Sayyad Manjur v. The State Of Maharashtra Through Its Secretary And Others

2023-01-27Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

*1* 908wp783o22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.783 OF 2023 SAYYAD TOUSIF SAYYAD MANJUR

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Advocate for the Petitioner : Ms.Mate Ashvini R. AGP for Respondents 1 and 2 : Shri V.M. Kagne Advocate for Respondent 5 : Ms.Nayana Patil h/f Ms.Surekha Mahajan ...

CORAM : RAVINDRA V. GHUGE & SANJAY A. DESHMUKH, JJ.

DATE :- 27th January, 2023 Per Court :- 1.

This is a peculiar matter before us wherein, the name of the petitioner in Marathi or Hindi is correctly pronounced and no change is sought. It is only that, while writing the full name in English, certain alphabetical mistakes have occurred at the level of the school as well as with the Board, which issued the 10th and 12th standard marks memos and passing certificates.

2.

We have heard the learned advocates for the respective sides. The learned advocate for the Board has strenuously opposed the petition.

3.

The name of the petitioner in Marathi/Hindi is सय्यद तौसिसफ़ सय्यद मंजूरसय्यदमंजूर. In English, he writes his name as "Sayyad

*2* 908wp783o22.odt Tousif Sayyad Manjur". Apparently, the word "Tousif" is erroneously spelt as "Tausif" in the 10th and 12th standard passing certificates. The original school leaving certificate indicates the spelling of the petitioner's name in English, which is identical to the name confirmed by the petitioner before us. As such, it is a mere typographical error. Respondent No.5/Board needs to issue corrected passing certificates for the 10th and 12th standards. 4.

This Writ Petition is, therefore, allowed in the above terms.

5.

The petitioner has complied with the procedure under Rule 26(4) of the Secondary School Code in respect of seeking correction in the passing certificate of the 10th standard. The petitioner would follow the same procedure with regard to the corrections in the 12th standard passing certificate. Respondent No.5/Board shall accordingly, issue the corrected SSC certificate within 15 days insofar as 10th standard is concerned and within 15 days insofar as 12th standard is concerned, after the procedure under Rule 26(4) is complied with.

kps (SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE, J.)